Attachment 1: Condition 48 Compliance Filing (Revised June 2, 2017) t NAVIGATION AND NAVIGATION SAFETY PLAN FOR THE TRANS MOUNTAIN PIPELINE ULC TRANS MOUNTAIN EXPANSION PROJECT NEB CONDITION 48 Revised June 2017 REV 1 01-13283-GG-0000-CHE-RPT-0010 R1 Prepared for: Trans Mountain Pipeline ULC Kinder Morgan Canada Inc. Suite 2700, 300 – 5th Avenue S.W. Calgary, Alberta T2P 5J2 Ph: 403-514-6400 Trans Mountain Expansion Project Guide to the Environmental Plans Environmental Plans Volume 1 – Temporary Construction Lands and Infrastructure Environmental Protection Plan Volume 2 – Pipeline Environmental Protection Plan Volume 3 – Facilities Environmental Protection Plan Volume 4 – Westridge Marine Terminal Environmental Protection Plan Volume 5 – Reactivation Environmental Protection Plan Volume 6 – Environmental Management Plans Volume 7 – Resource-Specific Mitigation Tables Volume 8 – Environmental Alignment Sheets Volume 9 – Burnaby Mountain Tunneling Environmental Protection Plan Volume 10 – Power Lines Environmental Protection Plans This plan forms part of Volume 6 and is located: Volume 6 – Environmental Management Plans Section 1 – Organizational Structure Section 2 – Socio–Economic Management Section 3 – Contaminated Sites and Waste Management Section 4 – Geological and Groundwater Management Section 5 – Vegetation Management Section 6 – Wildlife Management Plans Section 7 – Wetland Management Section 8 – Aquatic Resource Management Section 9 – Reclamation Plans Section 10 – Facilities Management Plans Section 11 – Burnaby Mountain Tunneling Management Trans Mountain Pipeline ULC Navigation and Navigation Safety Plan Trans Mountain Expansion Project June 2017 TABLE OF CONCORDANCE NEB Condition 48 is applicable to the following legal instruments: OC-064 (CPCN), AO-003-OC-2 (OC2), XO-T260-007-2016 (Temp), XO-T260-008-2016 (Pump 1) and XO-T260-009-2016 (Pump 2). Table 1 describes how this Plan addresses the Condition requirements applicable to Project activities. TABLE 1 LEGAL INSTRUMENT CONCORDANCE WITH NEB CONDITION 48: NAVIGATION AND NAVIGATION SAFETY PLAN OC-064 AO-003-OC-2 XO-T260-007-2016 XO-T260-008-2016 XO-T260-009-2016 NEB Condition 48 (CPCN) (OC2) (Temp) (Pump1) (Pump2) Trans Mountain must file with the NEB, for approval, at least 4 months prior to commencing construction, a Appendix A of this Appendix A of this Appendix A of this Appendix A of this Appendix A of this Navigation and Navigation Safety Plan that includes: Plan Plan Plan Plan Plan a) an updated list of navigable waterways to be crossed by or affected by the Project (including power lines, marine terminal, temporary or permanent bridge crossings, or other ancillary works that are physically or operationally connected to the Project); b) an updated listing of effects of the Project on navigation and navigation safety for each of the identified waterways Section 3.2 and Section 3.2 and Section 3.2 and Section 3.2 and Section 3.2 and identified in a); Appendix A of this Appendix A of this Appendix A of this Appendix A of this Appendix A of this Plan Plan Plan Plan Plan c) proposed mitigation measures to address Project effects on navigation and navigation safety for each of the Section 4.0 and Section 4.0 and Section 4.0 and Section 4.0 and Section 4.0 and identified waterways, including adherence to codes and standards (such as the Canadian Standards Association); Appendix A of this Appendix A of this Appendix A of this Appendix A of this Appendix A of this and Plan Plan Plan Plan Plan Page i d) a summary of its consultations with Appropriate Government Authorities, potentially affected Aboriginal groups -- -- -- -- -- and waterway users, regarding their navigational use of each of the identified waterways. In its summary, Trans Mountain must: i) describe the Appropriate Government Authorities, potentially affected Aboriginal groups, and Section 2.0; Section 2.0; Section 2.0; Section 2.0; Section 2.0; commercial and recreational waterway users consulted; Appendix B, C and Appendix B, C and Appendix B, C and Appendix B, C and Appendix B, C and D of this Plan D of this Plan D of this Plan D of this Plan D of this Plan ii) describe how Trans Mountain identified those consulted; and Section 2.0; Section 2.0; Section 2.0; Section 2.0; Section 2.0; Appendix B, C and Appendix B, C and Appendix B, C and Appendix B, C and Appendix B, C and D of this Plan D of this Plan D of this Plan D of this Plan D of this Plan iii) provide a description and justification for how Trans Mountain has incorporated the results of its Section 2.0, Section 2.0, Section 2.0, Section 2.0, Section 2.0, consultation, including any recommendations from those consulted, into the plan. Appendix B of this Appendix B of this Appendix B of this Appendix B of this Appendix B of this Plan Plan Plan Plan Plan 01-13283-GG-0000-CHE-RPT-0010 R1 Page i Trans Mountain Pipeline ULC Navigation and Navigation Safety Plan Trans Mountain Expansion Project June 2017 EXECUTIVE SUMMARY The Navigation and Navigation Safety Plan (the Plan) was prepared to meet National Energy Board (NEB) Condition 48 for the Trans Mountain Expansion Project (TMEP or the Project). The NEB defines navigable waters as “any body of water capable, in its natural state, of being navigated by floating vessels of any description for the purpose of transportation, recreation or commerce, and may also be a human-made feature such as a canal or reservoir”. Trans Mountain Pipeline ULC (Trans Mountain) understands NEB Condition 48 to refer to those aspects of the Project that are within the NEB’s jurisdiction as outlined in the Condition. This includes the pipeline, power lines, marine terminal, temporary or permanent bridge crossings, or other ancillary works that are physically or operationally connected with the Project. From a marine perspective, this includes the construction and site operation of the Westridge Marine Terminal in Burrard Inlet. It does not cover the movement of Project-related marine vessels (i.e., oil tankers, tugs) using the shipping lanes in Burrard Inlet, Georgia Strait, Haro Strait, and Juan de Fuca Strait in approach to, or upon departure from, the Westridge Marine Terminal. Jurisdiction over shipping safety in marine waterways remains with Transport Canada. The Plan provides an updated list of navigable and potentially navigable waterways (including watercourses and wetlands) that may be affected by the Project and a review of assessment outcomes and mitigation measures to address Project effects on navigation and navigation safety for each identified navigable waterway (Appendix A). The Plan also summarizes concerns related to navigation and navigation safety raised through Trans Mountain’s stakeholder and Aboriginal engagement to-date Appendix B) and how the Project has addressed them and considered them in the Plan. Construction of the Project could potentially affect 50 watercourse crossings that are considered navigable, 145 watercourse crossings that are considered potentially navigable and 9 navigable wetlands. Aquatics and wetlands field work has determined that construction and operations of the pump stations, temporary facilities, tanks, and non-marine terminal work will not be located in, on, over, under, through or across a navigable waterway. The potential residual effects of Project construction on navigation and navigation safety were identified in the TMEP NEB Facilities Application (Application) (Section 7.2.6 of Volume 5B for pipeline, power lines, temporary or permanent bridge crossings and other ancillary works) and include: • impediments to watercourse users on navigable watercourses during construction or site- specific maintenance activities; and • the safety of watercourse users on navigable watercourses may be affected in the event the user enters the construction zone. The potential residual effects associated with the Westridge Marine Terminal (as discussed in Section 7.6.6 of Volume 5B of the Application) include: • disruption to a navigable water (Burrard Inlet) during construction and operations; and • concern for the safety of marine users due to changing movement patterns. Since the filing of the Application in 2013, no new or additional interactions have been identified between the Project and navigation and navigation safety, except for the consideration of marine fish habitat offsets. Burrard Inlet is the only navigable waterway subject to fish habitat offset work. At the time of this submission, no fish habitat offset works within freshwater watercourses are proposed. Trans Mountain will construct a rock reef complex within the Westridge Marine Terminal water lot to offset the loss and alteration of marine fish habitat resulting from construction of the Westridge Marine Terminal. The rock reef complex will be located adjacent to, and offshore of, the foreshore extension. and will extend approximately 70 m offshore from the foreshore extension; it will not be proximate to the navigation and shipping channels of the Burrard Inlet and will be contained close to shore. The construction of the offset works will occur entirely within the Westridge Marine Terminal Construction Safety Boom which will prevent marine users from entering the 01-13283-GG-0000-CHE-RPT-0010 R1 Page ii Trans Mountain Pipeline ULC Navigation and Navigation Safety Plan Trans Mountain Expansion Project June 2017 construction area. The overall effects of the Project on navigation and navigation safety in Burrard Inlet, in consideration of the fisheries offset rock reefs, are unchanged from the Application assessment.